In a landmark ruling on December 7, 2024, an Italian court dismissed defamation charges brought by ENI SpA against investigative journalist Claudio Gatti and media company Il Fatto SpA over their book ENIGATE, which exposed details about the infamous Malabu oil scandal. The court, led by Justice Francesca Giacomini, upheld the principle that truth cannot be defamation, awarding the defendants €11,000 in legal costs.
ENI, an Italian multinational oil and gas giant, had sought €5 million in damages, claiming that Gatti’s book misrepresented its role in securing exploration rights to Nigeria’s OPL 245, one of the richest oil fields in the world. ENI argued that the book falsely portrayed the company as being involved in a corruption scheme, which allegedly involved bribes to Nigerian officials. However, the court ruled that Gatti’s reporting was based on verifiable evidence, including judicial documents, and upheld his right to free expression in investigative journalism.
“The publication of truth can never be prosecuted as defamation,” stated Justice Giacomini in her ruling, citing the importance of journalistic freedom in holding corporations accountable for their actions.
A Lengthy Legal Battle
The case traces back to 2019, when ENI initiated legal proceedings against Gatti and Il Fatto SpA, accusing them of damaging the company’s reputation. The journalist’s book, ENIGATE, chronicles the history of Malabu Oil & Gas, a company that gained control of the OPL 245 license in 1998 under the military dictatorship of General Sani Abacha. The license was eventually revoked in 2001 under President Olusegun Obasanjo but was restored in a controversial settlement in 2006. The settlement, negotiated by the Nigerian government, led to a deal in 2011 where ENI and Shell purchased the exploration rights for a reported $1.3 billion.
The deal, however, was shrouded in allegations of corruption. Foreign watchdogs and investigative journalists, including Gatti, suggested that a portion of the purchase price was funneled as bribes to Nigerian officials, including former President Goodluck Jonathan and former Attorney General of the Federation, Bayo Ojo. Despite multiple investigations in Italy and the UK, ENI and Shell were cleared of criminal charges, but the scandal remains a contentious issue.
ENI’s lawsuit focused on parts of ENIGATE that accused the company of paying bribes to Nigerian politicians, suggesting that the oil companies involved in the OPL 245 deal were complicit in a fraudulent scheme that robbed Nigeria of billions of dollars. The plaintiff argued that the book’s portrayal was “false and misleading,” claiming that the book’s narrative of a “maxi-bribe” undermined its corporate reputation.
However, Gatti and Il Fatto SpA defended the book, arguing that it was grounded in judicial documents, investigations, and the authors’ examination of available facts. They asserted that the book merely exposed the corrupt practices surrounding the oil deal, which had been the subject of scrutiny in several countries.
A Victory for Investigative Journalism
The ruling has been hailed as a significant victory for press freedom and investigative journalism. “This decision reaffirms the importance of investigative journalism in exposing corporate malfeasance and holding powerful entities accountable,” said Gatti’s lawyer, Caterina Malavenda, in a statement following the court’s decision.
The court’s judgment also noted that the book was an “investigative” work, which should be treated as a journalistic expression rather than a mere literary endeavor. The ruling emphasized that Gatti’s critical analysis, supported by public records and legal documents, contributed to a legitimate public discourse on the Malabu scandal, with the overarching goal of ensuring transparency and accountability in the oil industry.
“This is a clear statement that when journalists speak truth to power, they must be protected, not punished,” Gatti commented on the ruling. “It is a win for the truth and a win for everyone who believes in a free press.”
Background to the Malabu Oil Scandal
The Malabu oil scandal has been a focal point of international investigations into corruption in the Nigerian oil sector. The OPL 245 block, believed to hold vast reserves of crude oil, has been embroiled in a complex web of corruption allegations since it was first awarded to Malabu Oil & Gas in 1998 by Dan Etete, a former Nigerian Minister of Petroleum during Abacha’s regime. The award itself was criticized for being a conflict of interest, as Etete secretly controlled Malabu through offshore companies.
In 2006, after the license was revoked by the Nigerian government, the rights to OPL 245 were controversially restored through a settlement, which led to the 2011 sale of the license to ENI and Shell for $1.3 billion. Despite the transaction’s legitimacy under Nigerian law, several countries, including the United Kingdom and Italy, launched investigations into whether the deal involved bribes to Nigerian officials.
In 2024, U.S. Congresswomen Maxine Waters and Joyce Beatty called for a renewed investigation into the role of ENI and Shell in the bribery scheme, highlighting the massive financial losses incurred by Nigeria due to the deal. According to experts, the country may have lost up to $6 billion in potential revenue, a sum that exceeds Nigeria’s annual health and education budgets combined.
“These companies continue to profit from their corrupt actions, while the Nigerian people are left with nothing,” Waters and Beatty wrote in a letter to the U.S. Department of Justice, urging them to reopen investigations into the scandal.
Implications for Corporate Accountability
The court’s ruling has far-reaching implications for corporate accountability, particularly in the oil industry, which has long been plagued by corruption scandals. It serves as a cautionary reminder to corporations that they cannot silence journalists or media outlets simply by threatening legal action. As global scrutiny of corporate practices increases, this decision sets a precedent for future cases involving corporate defamation suits.
“It’s not just about one journalist or one company. It’s about the right to expose corruption wherever it exists,” stated Valentino Sirianni, the lawyer for Gatti and Il Fatto SpA. “This ruling strengthens the role of the press in protecting the public interest.”
